Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43983 CP No. 328 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 328 OF 2025 BETWEEN:
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SMT. SINCHANA, W/O. SUJITH AND D/O. SRI. GIRISH GOWDA, AGED ABOUT 23 YEARS, R/AT MAGADI GRAMA, HALASULIGE POST, KASABA HOBLI, SAKALESHPURA TALUK HASSAN DISTRICT …PETITIONER (BY SRI. AISHWARYA HEGDE M.V., ADVOCATE) AND:
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SRI SUJITH, S/O LATE MAHADEVAPPA, AGED ABOUT 28 YEARS, RESIDING AT HANMANTHANAGARA LAYOUT, LAKSHMISAGARA GRAMA, MELUKOTE HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434 …RESPONDENT
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAWAL OF M.C. NO. 42/2025 ON THE FILE OF THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:43983 CP No. 328 of 2025 SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, FILED BY THE RESPONDENT AND TRANSFER THE SAME TO SENIOR CIVIL JUDGE AND JMFC, SAKLESHPURA IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER
1. Heard Smt. Aishwarya Hegde M.V., learned counsel for the petitioner. Respondent is served and unrepresented.
2. Present petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: WHEREFORE, the Petitioner respectfully prays that this Hon'ble Court may be pleased to withdrawal of M.C.No. 42/2025 on the file of SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, filed by the Respondent and transfer the same to SENIOR CIVIL JUDGE AND JMFC, SAKLESHPURA in the interests of justice and equity.
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Facts in the nutshell for disposal of the case are as under:
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HC-KAR NC: 2025:KHC:43983 CP No. 328 of 2025 4.1 Respondent/husband has filed a matrimonial case for restitution of conjugal rights on the file of the Senior Civil Judge and JMFC, Pandavapura in M.C. No.37/2024. 4.2 Whereas the petitioner/wife has filed a petition under Section 23 of Protection of Women from Domestic Violence Act, 2005 in Crl.Misc. No.262/2024 on the file of the Hon'ble Civil Judge and JMFC at Sakaleshpura. Consequently, the petitioner has filed a matrimonial case for divorce in M.C. No.42/2025 on the file of the Senior Civil Judge and JMFC, Pandavapura in M.C. No.42/2025.
4. Present petition is filed seeking transfer of matrimonial case in M.C.No.42/2025 from Pandavapura to Sakaleshpura on the ground that she is residing in her parent's house in Magadi Grama, Sakaleshapura Taluk.
5. It is contended that she is having life threat from her husband and it is difficult for her to travel from Sakaleshapura to Pandavapura on every date of hearing.
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HC-KAR NC: 2025:KHC:43983 CP No. 328 of 2025
6. Having heard the arguments of learned counsel for the petitioner, geographical distance and financial constraints are no longer good parameters for the transfer of the petition from one Court to another in view of the video conferencing facility.
7. If the petitioner files a necessary application before the Court at Pandavapura, learned Trial Judge shall allow the said application and permit the petitioner to effectively participate through videoconference.
8. With that observations, the following Order:
ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 52